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allan (professional)     29 March 2010

Can Sub-Registerar be held responsible for false EC

"Encumberence Certificate is issued by the Sub-Registerar of Registration Department"

Can the "Sub-Registerar of Registration Department" held responsible for making a mistake or issue false "Encumberence Certificate" ?

To what extent ? ( because if he is left free, by just giving a small fine, the buyer will suffer, as the value of the transaction very huge)

Has it been done before ?

-- offcourse I understand this is not the only document, but its one of the key documents.



Learning

 2 Replies

Seshagiri Viswanatha Rao (Asst Secy to Govt Retired)     13 April 2010

In the year 2004 The Sub Registrars concerned have two encumbrance certificates duly informing the landed properties purchased by late father was in the name of father only  Prior to that illegal sales  duly claiming the landed properties as ancestral property and was gifted as per the repy of the sub registrar concerned under RTI have taken in the year 2001 viz after furnishing encumbrance certificate  which indicate the landed property of my late father I this sale transaction (after death of father) who had not signed any documents due to the fact that he had expired long back  Can the Sub Registrar concerned be held responsible

kindly advise

Seshagiri Viswanatha Rao (Asst Secy to Govt Retired)     14 April 2010

Sir

In continuation of my earlier e mail I would like to inform that after chain correspondence under RTI Act 2005 to the authorities and as I was getting desired replies I had despatched another RT application to the Sub Registrar(s) concerned by furnishing an authenticated/genuine/handwritten sale document of my late father along with encumbrance certificates including other supporting documents issued by the Sub Registrars in the month of Jan/Feb 2010 about but there is no response from the authorities till date  However there is time for filing first u/s 19(1) of Central Act I have also quoted the verdict of Hon'ble Supreme Court of India in C A No 8500-8501 between Union Government vs Shanti Sports New Dehli Dated 25th August 2009 in the matter of  illegal encroachments and the Hon'ble Court have come down heavily in respect of illegal sales/land grabbing cases (viz operative portion of judgement)

kindly advice whether action may be initiated against the SRO concerned for protracted silence

Thaking you  


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